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BUCKEYE COAL CO. v. GODDARD et al.

Appeal, No. 272 C.D. 1973.

10 Pa.Commw. 15 (1973)

Buckeye Coal Company, a Corporation, Appellant, v. Maurice K. Goddard, Secretary, Department of Environmental Resources; and J.M. Muchnok, Jr., Commission of Bituminous Mine Inspectors; and Commonwealth of Pennsylvania, Appellees.

Commonwealth Court of Pennsylvania.

June 7, 1973.

Attorney(s) appearing for the Case

Harold R. Schmidt, with him Henry McC. Ingram, Philip C. Wolf, and Rose, Schmidt and Dixon, for appellant.

John W. Carroll, Special Assistant Attorney General, with him Robert Lesko, Assistant Attorney General, for appellees.

Argued April 17, 1973, before Judge ROGERS. Exceptions argued August 1, 1973, before Judges CRUMLISH, JR., WILKINSON, JR., and ROGERS, sitting as a panel of three.

OPINION AND ORDER BY JUDGE ROGERS, June 7, 1973:

The Buckeye Coal Company ("Company") has appealed to this court from the decision of a commission appointed by the Secretary of the Department of Environmental Resources to examine into the matter of an appealed decision of a district mine inspector. The governing statute is the Pennsylvania Bituminous Coal Mine Act, Act of July 17, 1961, P.L. 659, 52 P.S. § 701-101 et seq., Section 123 of which (52 P.S. §...

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